Many survivors use 'pressing charges' and 'suing' interchangeably, but they are two different things. Pressing charges is part of the criminal system: you report to police, and a prosecutor decides whether to charge a crime. Filing a lawsuit is the civil system: you, as the survivor, bring your own case seeking compensation. The same conduct can give rise to both.
Knowing they are separate is freeing, because it means a decision (or non-decision) in one system does not automatically close the other. A survivor who never wants to involve the police can still explore a civil claim, and vice versa.
In a criminal case, the government, a prosecutor or district attorney, decides whether to bring charges, what to charge, and whether to offer a plea. The survivor is typically a witness, not a party with control over the outcome. The case is titled something like 'State v. [Defendant].'
In a civil case, the survivor is the plaintiff and controls the case: whether to file, whether to settle, and which defendants to name, including institutions. This is a major practical difference, because a civil claim does not depend on a prosecutor's willingness to act.
The standard of proof is the single biggest difference. Criminal convictions require proof 'beyond a reasonable doubt,' the highest standard in the legal system, because a conviction can take away someone's liberty.
Civil cases use 'preponderance of the evidence,' meaning the survivor must show it is more likely than not (often described as just over 50 percent) that the abuse occurred. This lower bar exists in part because survivors of abuse frequently face real obstacles to gathering hard evidence, and it provides a pathway to accountability even when the criminal system cannot or will not act.
The two systems aim at different things. A criminal case can result in incarceration, probation, fines paid to the state, registration requirements, and a criminal record for the offender. The survivor generally does not receive money from a criminal conviction, though restitution is sometimes ordered.
A civil case results in money damages paid to the survivor and can name institutions, not just individuals, that failed to prevent the abuse. Civil damages can cover therapy, lost income, and pain and suffering, and in some cases punitive damages.
A survivor does not have to choose one path. The same conduct can lead to both a criminal prosecution and a civil lawsuit, and the cases proceed independently. A prosecutor's decision not to charge, or a 'not guilty' verdict, does not automatically end a civil claim, in part because of the different burdens of proof.
The deadlines also differ. The criminal and civil statutes of limitations are set by separate laws and can be very different lengths, and many states have been extending civil deadlines or opening revival windows. If you are weighing your options, the civil path is one you control and uses a more accessible standard of proof. Nothing here is legal advice; a survivor-focused attorney can review your facts, and the National Sexual Assault Hotline (RAINN) offers free, confidential support at 800-656-4673.
No. Pressing charges is part of the criminal system, where a prosecutor decides whether to charge a crime. Suing is the civil system, where you bring your own case for compensation. The same conduct can lead to both.
Yes. The two are independent, and the civil standard of proof is lower. A prosecutor's decision not to charge does not bar a civil lawsuit.
It means more likely than not — that the evidence shows it is more probable than not (often described as just over 50 percent) that the abuse occurred. It is a lower bar than the criminal 'beyond a reasonable doubt.'
Usually not directly, though a court may order restitution in some cases. Money damages for the survivor generally come from a civil case, not a criminal one.
Yes. They are separate tracks with separate deadlines and can proceed at the same time or years apart.
That depends on your goals and your situation, and it is not a choice you have to make alone. A survivor-focused attorney can explain what is realistically available, and a hotline advocate can talk through your options confidentially.
This article is general educational information, not legal advice. Confirm specifics with a licensed attorney in your state — most consult for free. If you need support now, the RAINN hotline is 800-656-4673, 24/7.
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